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MATTER OF LEIDMAN v. REID

196 Misc. 422 (1949)

In the Matter of John Leidman, on Behalf of Himself and All Other Employees Similarly Situated, Petitioner, v. William Reid et al., Constituting The Board of Transportation of the City of New York, et al., Respondents.

Supreme Court, Special Term, New York County.

October 27, 1949.

Attorney(s) appearing for the Case

Charles Belous for petitioner.

John P. McGrath, Corporation Counsel (Morris Himmelfarb of counsel), for respondents.

MILLER, J.

If the increments sought by petitioner were mandatory during the period that he was absent in the military service, he would be entitled to such increments under section 245 of the Military Law, since they would constitute part of his salary or compensation within the meaning of that statute (Timmerman v. Board of Education of City of N. Y., 274 App. Div. 934; Silverstein v. Board of Education of City of N. Y., 190 Misc. 588,...

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